Michigan medical malpractice laws Archives - Medical Malpractice Lawyers

Michigan Appellate Court Holds COVID-19 Immunity Does Not Apply Where No Nexus Between Pandemic And Alleged Negligence

October 20, 2026

The State of Michigan Court of Appeals held in its published Opinion dated July 27, 2026 “there must be a connection between pandemic-related services and the services that resulted in the alleged negligence … Apart from the temporal relationship between plaintiff’s claims and the time[...]

Michigan Appellate Court Rules Exclusion Of Plaintiff’s Medical Malpractice Expert Was Error

October 19, 2026

Defendant, Dr. Benjamin Harper, M.D., performed a knee replacement on plaintiff. During the surgery, plaintiff’s popliteal artery was damaged and had to be repaired by a vascular surgeon. After being discharged from the hospital, plaintiff began treating with a neurologist for numbness and nerve p[...]

Michigan Appellate Court Revives Ostensible Agency Claim Against Hospital In Medical Malpractice Case

October 18, 2026

Ostensible Agency In general, a hospital is not vicariously liable for the negligence of a physician who is an independent contractor and merely uses the hospital’s facilities to render treatment to his patients. A hospital can, however, be liable for the acts of an independent contractor if he or[...]

Michigan Appellate Court Rules Hospital Entitled To Summary Judgment In Medical Malpractice Case

October 16, 2026

Plaintiff alleged that the decedent, Shabaka Greenwood, fell off his porch in June 2019, and suffered a spinal fracture, rendering him a quadriplegic. Greenwood was initially treated at St. John Hospital before being transferred to Riverview, a skilled nursing facility. On November 26, 2019, Greenwo[...]

Michigan Supreme Court Revives Medical Malpractice Case Involving Experts Dispute

September 21, 2026

Lawanna Smith, as personal representative of the estate of Jacqueline Harris, filed a complaint in the Oakland Circuit Court against Jack D. Lennox, D.O.; his employer, Tri County Orthopedics, PC; and Beaumont Hospital, alleging medical malpractice. Lennox performed knee replacement surgery on Harri[...]

Michigan Appellate Court Rules Loss-Of-Services Claim Allowed Under Wrongful Death Act

September 27, 2025

Plaintiff, the personal representative of the Estate of Kenneth Pionk, III, brought a medical-malpractice action alleging that defendants’ negligence caused Kenneth Pionk, III, to die a few days after he was born. Plaintiff claimed, in relevant part, that Pionk’s death caused her to suffer l[...]

Michigan Supreme Court Clarifies Medical Malpractice Expert Qualification Requirements

September 28, 2024

In its Opinion filed on July 25, 2024, the State of Michigan Supreme Court stated: “In these medical malpractice cases, we clarify the standard of care requirements for expert medical witnesses under MCL 600.2169, as interpreted in Woodard v Custer, 476 Mich 545, 719 NW2d 842 (2006).” Th[...]

Michigan Supreme Court Holds Medical Malpractice Expert’s Opinion Not Necessarily Required To Be Supported By Peer-Reviewed Literature To Be Found Reliable

September 10, 2024

Background Lynda Danhoff and her husband filed a Michigan medical malpractice action against Daniel K. Fahim, M.D. and others regarding a surgical procedure performed on Lynda known as extreme lateral intrabody fusion (XLIF). Lynda began to experience complications following the procedure, including[...]

Can I Sue For Failure To Administer tPA?

August 12, 2024

On May 28, 2019, plaintiff Michelle Klapp, who was 49 years old at the time, was at work. Between 2:00 p.m. and 2:30 p.m., Klapp began to experience difficulty gripping a pen and writing. Klapp arrived at Oakwood Hospital at 3:36 p.m., and she was admitted as an emergency patient at 3:50 p.m. At app[...]

Michigan Appellate Court Holds Hospital Not Liable For ER Malpractice Under Ostensible Agency Theory

March 23, 2024

Hospital Liability For Medical Malpractice A hospital may be 1) directly liable for malpractice, through claims of negligence in supervision of staff physicians as well as selection and retention of medical staff, or 2) vicariously liable for the negligence of its agents. Generally speaking, a hospi[...]

Michigan Supreme Court Holds No New Notice Required For New Medical Malpractice Theory In Existing Case

September 7, 2023

No New Notice Required For New Theory In Existing Case: The Michigan Supreme Court stated in its syllabus to its opinion dated July 6, 2023: “The NOI [notice of intent] requirement of MCL 600.2912b—that written notice be given to a health professional or health facility before a complaint is[...]

$20 Million Medical Malpractice Verdict Reinstated By Michigan Appellate Court

May 6, 2023

$20 Million Verdict Reinstated By Appellate Court: In its March 23, 2023 per curiam opinion, the State of Michigan Court of Appeals (“Michigan Appellate Court”) held: “we are not bound by the panel’s prior determination that defendant is entitled to JNOV. Under these circumstance[...]

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